Does section 504 apply to private schools?

[KTMom]

What is the name of your state? Virginia

Hi -- We are in the process of hopefully getting a 504 plan at our public school for our daughter's dyslexia, and are wondering what happens if we decide to enroll in a private school next year?

The private school is very small and receives no federal funding.

I have read section 504 of the Rehab. Act does not apply to such schools. But I have also "heard" that the ADA applies to all schools, regardless of funding. So I am really unclear as to how ADA fits in the picture.

A follow-up question is then what happens when we decide to re-enroll in the public school. Let's say we get a 504 plan now at the public school (daughter is in second grade), go there for a few years, and then return to public school for high school. Do we have to reinvent the wheel at that time (eg., get daughter tested all over again), or does the 504 plan we have in effect now have any bearing on the one we might have later.

What I am getting at is I am afraid that if we are away from the public school system for a certain period of time and then re-enter at a later date, we may have a difficult time showing a need for the accommodations. The fact is the dyslexia will never go away, and my daughter will always need more time, but PROVING she will need more time, etc. will be much more difficult after the years of remediation.

If anyone can help answer these questions or point me in the right direction, I'd appreciate it.

 

[BelizeBreeze]

Read this very good synopsis.

 

[KTMom]

Thanks for the link. So my understanding is that section 504 does not apply at all to private schools that do not receive federal funds, and ADA pertains only to physical structure-type accommodations.

My remaining question is then what happens when you have a 504 plan and are away from the public school for several years? Do you need to continually update the plan with the public school while you are at private school -- so that when you do re-enroll in public school the plan is updated and in place? Or do you just wait until re-enrollment and start the process all over again?

I have asked this question to the school as well as an educational consultant, and no one seems to know the answer. Any help is appreciated!

 

[notsmartmark]

The public school will not touch the idea of maintaining or updating your daughter’s Plan while she is in a private placement. 504 Plans do not necessarily transfer from location to location, and each place can review for acceptance and/or modification. Most students entering college will need to go through re-qualification and plan development.

All 504 Plans need to be reevaluated periodically to determine if the need continues to exist. The largest part of the plan, the identified disability shouldn't need to be reestablished if your daughter enters a different K-12 placement. The challenge for the team will be to determine if it continues to significantly impact a major life activity – her learning.

In a previous post you state that your child is receiving extended time. I have worked with schools and families who do not specifically identify what extended time means, up to 25%, up to 50%, up to 75%, or up to 100% (double time). Instead, it just is open-ended. Also, there isn’t indication which type of assignment/test prompts the extended time. The college placement tests are worth a look. The extended time allowances are very detailed and require significant documentation if the request is over 75% time addition.

If your child is considering going to college or working the accommodations need to be managed and hopefully the need for extended time will be reduced down prior to graduation. Many colleges will challenge too much extended time as reasonable. Many colleges and some K-12 schools are telling students to take reduced loads to manage extended time needs.

Also, the extended time allowance will be a burden on an individual seeking employment. Most jobs will not keep individuals working at 50% or lower for any length of time.

 

[KTMom]

Thanks very much for your thoughtful reply.